I'm so confused

[deingesicht]

I read through so many websites, but I'm still really confused sorry.

 

I hold two passports, British (reddish) and Australian. I was born in Australia, but my father was born in South Africa and is a UK citizen. I lived in the UK for 10 years of my life, but that was 12 yrs old.

 

I want to move back to the UK with my husband, Australian passport holder only. I also have 3 kids. I'm wondering what rights and health services does my family get if we move back? Hopefully, I've understood correctly that my husband can apply for an indefinate leave to remain and keep reapply every 2.5 years.

 

Any advice would be warmly appreciated.

[thinker78]

I read through so many websites, but I'm still really confused sorry.

 

I hold two passports, British (reddish) and Australian. I was born in Australia, but my father was born in South Africa and is a UK citizen. I lived in the UK for 10 years of my life, but that was 12 yrs old.

 

I want to move back to the UK with my husband, Australian passport holder only. I also have 3 kids. I'm wondering what rights and health services does my family get if we move back? Hopefully, I've understood correctly that my husband can apply for an indefinate leave to remain and keep reapply every 2.5 years.

 

Any advice would be warmly appreciated.

 

unfortunately, it's not straight forward. british laws changed last years with a lot of financial criteria to meet. your husband is not entitled to leave to remain- he needs his own visa. a lot of people find they cannot meet the new criteria. it's best if he has access to an EU passport or if he has at least one uk born grandparent he could get an ancestry visa. the details of commonwealth spouses can be found on uk websites.

[deingesicht]

unfortunately, it's not straight forward. british laws changed last years with a lot of financial criteria to meet. your husband is not entitled to leave to remain- he needs his own visa. a lot of people find they cannot meet the new criteria. it's best if he has access to an EU passport or if he has at least one uk born grandparent he could get an ancestry visa. the details of commonwealth spouses can be found on uk websites.

 

Thanks for the response. Is there a way I can see what services (health and education) that my kids will be entitled to receive given I'm a UK citizen and how I can get them to have a UK passport too?

 

Thanks again

[thinker78]

Thanks for the response. Is there a way I can see what services (health and education) that my kids will be entitled to receive given I'm a UK citizen and how I can get them to have a UK passport too?

 

Thanks again

 

the important thing to note is that your husband has no right to live in the uk just because he's married to you. your children as uk citizens will have the same rights as you. the uk has the NHS which is free for uk citizens and EU nationals. education wise, schools are free. as you will not meet the habitual residency requirements (check out department for work and pensions regarding this) you will not be entitled to anything in terms of benefits. it's quite hard to secure a rental without 6 months upfront or a guarantor as you will not have uk credit history.

 

you really need to look at how your husband can get a visa= as the UK national you yourself are required to meet financial requirements.

[Pumpkin]

the important thing to note is that your husband has no right to live in the uk just because he's married to you. your children as uk citizens will have the same rights as you. the uk has the NHS which is free for uk citizens and EU nationals. education wise, schools are free. as you will not meet the habitual residency requirements (check out department for work and pensions regarding this) you will not be entitled to anything in terms of benefits. it's quite hard to secure a rental without 6 months upfront or a guarantor as you will not have uk credit history.

 

you really need to look at how your husband can get a visa= as the UK national you yourself are required to meet financial requirements.

 

Are the children UK citizens though? The OP looks to be a citizen by descent herself so I don't know that this would be passed on again.

 

I don't know though, this is the forum for questions about Australian visas and citizenship, not UK. Might get more answers in the MBTTUK forum.

[thinker78]

Are the children UK citizens though? The OP looks to be a citizen by descent herself so I don't know that this would be passed on again.

 

I don't know though, this is the forum for questions about Australian visas and citizenship, not UK. Might get more answers in the MBTTUK forum.

 

true, your children may not be eligible for uk citizenship by descent if you got it by descent, you will definitely need to double check this.

[Quoll]

As the others have said, this doesn't sound so simple. You may have to apply for child visas for the kids. Your husband may have to look into his family history to see what visa options he may have (a UK born parent would be ideal, failing that, a UK born grandparent would be helpful otherwise a spouse visa would be harder)